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Reasons
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(영문) 서울동부지방법원 2020.06.19 2019나3280
대여금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. On June 29, 2012, the Plaintiff, upon the Defendant’s request, lent KRW 90 million to the Defendant upon the Defendant’s request, made the following monetary transactions.

From June 29, 2012, KRW 90 million on June 29, 2012, KRW 20 billion on July 20, 2012, KRW 10 billion to August 10, 2012

8. Since KRW 14.10 million was KRW 5 million on August 20, 2012, KRW 5 million on August 30, 2012, KRW 50 million, KRW 10 million on September 5, 2012, KRW 5,000,000 on September 5, 2012, KRW 50 million on October 5, 2012, KRW 3.5 million on May 15, 2013, KRW 200,000, KRW 3.5 million on March 8, 2013, the Defendant did not provide for the Plaintiff with the purport that the Defendant’s service of KRW 7,500,000 on April 15, 2013, KRW 200,000, KRW 3.7,5000,000 on each of the instant legal grounds for the promotion of performance [this case’s service of KRW 7,500,000,00.

shall be liable to pay damages for delay calculated in proportion to the ratio of such damages.

The Plaintiff claimed damages for delay calculated at the rate of 15% per annum, but the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019, were amended by 15% per annum, which was the previous statutory interest rate, to 12% per annum. Thus, the above part in the Plaintiff’s damages for delay is

2. If so, the plaintiff's claim of this case shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. Since the part against the plaintiff in the judgment of the court of first instance which concluded otherwise is unfair, part of the plaintiff's appeal shall be accepted, and this decision shall be revoked, and the court shall additionally recognize the defendant.

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